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2014 New York Laws
CVP - Civil Practice Law & Rules
Article 43 - (4301 - R4321) TRIAL BY A REFEREE
R4314 - Successor referee.

NY CPLR § R4314 (2014) What's This?
Rule  4314.  Successor  referee.  Upon  being  notified that a referee
  declines or fails to serve, or in the case of the death, resignation  or
  removal of a referee, or if a new trial is granted after a reference, on
  motion  of any party or on its own initiative, the court may designate a
  successor  referee,  unless  a  stipulation  upon  which  the  order  of
  reference is based expressly provides otherwise.

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